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Article • May 15, 2007
No Right to Wrongful Release Time Credit by A state prisoner who was erroneously released and, when returned to prison, was not credited with the time spent out of prison, was not denied substantive due process. See: Sanchez v. Warden, New Hampshire State Prison, 329 F.Supp.2d 200 (D.N.H. 2004).
Article • May 15, 2007
New Jersey Parole Suit Dismissed by At 640: There is no federal constitutional right to parole. . . . Nevertheless, the Third Circuit has held that "once a state institutes a parole system, all prisoners have a liberty interest flowing directly from the due process clause in not being denied …
Article • May 15, 2007
Class of Over Detained, Strip Searched DC Prisoners Certified by The plaintiffs alleged that they were kept past their release dates by the D.C. Department of Correction; a subclass alleged that they were subjected to strip searches upon return to jail after judicial determinations that there was no basis for …
Parole Retaliation Suit Dismissed by The plaintiff alleged that prosecutors reneged on a plea bargain by failing to submit favorable letters to the parole board and instead submitting unfavorable letters, and that the parole board retaliated against him for having filed federal court litigation. The plaintiff's claim for breach of …
Article • May 15, 2007
Filed under: Sentencing, Good Time
Court Refuses to Stay BOP Good Time Order Pending Appeal by The court previously ruled that the Bureau of Prisons was obliged to calculate the petitioner's good time based on his sentence and not time actually served. The respondent now seeks a stay pending appeal, arguing that the recalculation would …
Work Release Prisoners Subject to PLRA Exhaustion Requirement by A plaintiff is a "prisoner" for exhaustion purposes if he was in prison when the complaint was filed. At 750: "We have previously explained that prisoners encounter a uniquely low opportunity cost relative to the typical litigant." The plaintiff, whose claims …
Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
Pennsylvania Sex Offender Parole Denial Suit States Some Claims by The plaintiff, seeking to represent a class, complained that denying her parole and imposing other adverse consequences in prison because of her refusal to disclose her sexual history, possibly including uncharged criminal activity, in a sex offender program violated her …
Article • May 15, 2007
Psychologist Who Prepares Parole Report Gets Judicial Immunity from Suit by The plaintiff alleged that he was denied parole based on a report by the defendant psychologist. The parole denial was later reversed in court. A private actor who conducts a psychological evaluation of a parole candidate on the order …
Article • May 15, 2007
Federal Parolee Can Challenge Forced Medication Release Condition by The district court imposed as a condition of supervised release after a prison sentence that the defendant take whatever psychotropic medications were prescribed by his treating physicians. The defendant's challenge to the restriction was ripe on direct appeal, even without evidence …
Article • May 15, 2007
BOP Work Release Appeal Dismissed When Defendant Still on Bail by The plaintiff challenged the refusal to place him in a community corrections center, rather than jail, pursuant to the Department of Justice's newly announced policy limiting such placements. He could seek habeas relief, since he was in custody by …
Article • May 15, 2007
PLRA Doesn't Apply to Immigration Habeas Petition by A Cuban Petitioner in INS custody challenged his seemingly indefinite detention. At 810 (footnote omitted): Under the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915, it is unclear how habeas petitioners establish a right to proceed in forma pauperis …
Article • May 15, 2007
Change in BOP Work Release Policy Warrants New Sentence by The criminal defendant was sentenced for securities forgery to 12 months imprisonment with a recommendation to serve it in a Community Corrections Center (halfway house). The court relied on the Bureau of Prisons' representation that it would honor that recommendation, …
Article • May 15, 2007
No Opportunity to Earn Good Time Claim Dismissed by The plaintiff challenged a disciplinary proceeding. The sanctions of six weeks' loss of visiting, transfer to a higher security prison, and loss of his position as Minority Camp Co-Chairman with its accompanying opportunity to earn good time, did not amount to …
BOP Work Release Policy Preliminary Enjoined by The Bureau of Prisons abruptly changed its policy of allowing prisoners to serve part or all of their time at Community Corrections Centers on judges' recommendations declaring the former policy illegal and applied the change to persons already sentenced. The court has inherent …
Article • May 15, 2007
Third Circuit Embraces Administrative Exhaustion Procedural Default by The defendants argued that the plaintiff had failed to exhaust because he did not ask for money damages in the administrative process and because he did not name a particular defendant in his grievance. In this windy opinion, the court embraces a …
Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
Iowa Sex Offender Residency Restrictions Are Constitutional by The Eighth Circuit Court of Appeals held that Iowa's sex offender residency restrictions are n to unconstitutional, reversing a lower court ruling that we previously reported. [PLN, December 2004, p. 28]. On July 1, 2002, the Iowa Legislature enacted Iowa Code Section …
§ 1983 Seeking Post Trial DNA Evidence Not Heck Barred by The Ninth Circuit joined the Eleventh circuit in holding that a § 1983 action seeking post-conviction access to DNA evidence is not barred by Heck v. Humphrey, 512 US 477 (1994). In 1994, William Osborne was convicted of kidnapping …
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